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PLAIN ENGLISH GUIDE TO EHS LAWS
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NOTE ON "LIGHT INDUSTRY" UNDER "CATEGORY XI" REGULATIONS
While "Light Industry" has generally escaped the requirements for storm water runoff permitting, there is an echelon of activities that would automatically nullify such an exemption as outlined in EPA's regulations, these activities including:

materials stored outside
vehicle maintenance and forms of trucking are taking place on-site
railroad spurs come on to the site, creating sources of pollution
loading/unloading is taking place without the protection of awnings
dumpsters are left uncovered
work activities involving machinery (i.e. forklifts) are taking place on grounds
refilling stations are being accessed
aboveground and underground storage tanks have the potential for spillage and/or have inadequate secondary containment

CONSTRUCTION ACTIVITY: REISSUANCE OF STORM WATER GENERAL PERMIT
As proposed in the Federal Register on June 2, 1997, EPA is reissuing its StormWater Construction General Permit to coincide with the deadlines in this Fact Sheet. The 1987 Clean Water Act Amendments required EPA to control pollution from storm water discharges associated with construction activity in which 5 or more acres at construction sites are disturbed. This permitting requirement began in 1992.

The most significant changes include expanded conditions to protect endangered and threatened species, new conditions to protect historic properties, and a requirement to post a copy of confirmation of permit coverage and a brief description of the project. It also includes a requirement to provide for public access to copies of a pollution prevention plan on the site or in another nearby location, terms for construction activities transitioning from the existing permit, and many more related mandates.

SPILL PREVENTION CONTROL & COUNTERMEASURE PLAN (SPCC PLAN)
Storage of chemicals, fuels, or oil-related products further lead to implications for an SPCC Plan. The SPILL PREVENTION CONTROL & COUNTERMEASURE is required based on the following criteria: 1. Product stored above ground at 660 gallons or more in a single container or at a total capacity in excess of 1,320 gallons; or 2. Product is stored underground in excess of 42,000 gallons; AND 3. Could reasonably be expected to be spilled / released into a body of water (creek, stream, well, pond, river, lake, ocean).

This particular EPA requirement, while a separate mandate, is extremely relevant to Storm Water issues, especially in the pollution prevention targets being attained by the client. Therefore, the client may wish to have Vanguard fulfill this compliance requirement at the same time storm water permitting matters are being satisfied. This issue is included as an addendum to the pricing summary page should the client need this requirement to be satisfied.

OLD DEADLINES & EVOLUTION TO NEW MSGP
The Storm Water Runoff General Permit from its inception was driven by three EPA-Mandated deadlines:

A. October 1, 1992 - File Notice of Intent (NOI) to Comply / Secure new NPDES Storm Water Runoff Permit Number;
B. April 1, 1993 - Develop the Written Pollution Prevention Plan (PPP);
C. October 1, 1993 - Implementation & Training of the PPP.

The more recent deadline of September 9 - 25, 1997 to implement the transition of the previous general permit to the multi-sector general permitting format sends a strong signal of the evolution of the commitment that the U.S. Congress and the EPA continue to have in its Storm Water Programs. As a result of the requirements, coupled with the preceding deadlines, Vanguard's Schedule of Work for securing compliance in behalf of the client is provided in turnkey fashion as follows:

RCRA HAZARDOUS WASTE MGT. PROGRAM - EPA 40 CFR 260-262

In 1976, President Gerald Ford signed into law the Resource Conservation and Recovery Act (RCRA), overseen by the U.S. Environmental Protection Agency. It was developed as a response to the need for controlling pollution to the environment - air, soil, and water - often caused by the generation, mismanagement and improper disposal of hazardous waste material by the industrial sector in the United States. As our nation's most important piece of hazardous waste legislation, the RCRA Law is a "cradle to grave" system for managing hazardous waste. It provides specific requirements for the generation, accumulation, storage, packaging, transportation and disposal of hazardous waste. It also imposes strict regulations concerning employees on the handling, exposure, and accidents involving hazardous wastes.

Through RCRA, hazardous waste is highly regulated in the United States, from the time it is created through industrial processes until it is neutralized or finds its final place at a storage site or facility. The entire cycle or life span of any hazardous waste presents the need for a documented tracking system, all of which is controlled and enforced at the federal, state and local levels.

In 1984, the U.S. Congress significantly amended RCRA legislation with the Hazardous and Solid Waste Amendments (HSWA), also known as the "Land Ban." Through requiring an EPA Hazardous Waste Permit of hazardous waste generators (companies), Congress created a broad cleanup program for old solid waste units and active non-hazardous waste units located at facilities. The Generator must account for the quantities, nature and disposition of hazardous waste and efforts to reduce the volume/toxicity of hazardous waste generated in previous years.

The Waste Minimization and Control Act of 1989 (also called the RCRA Reauthorization Act) will receive top priority after the Clean Air Act Amendments has been fully implemented at the state levels. It will have far reaching effects for industry through the next 10 years. The Act will significantly affect any facility that generates solid waste. It will require minimum standards for all solid waste facilities, including a requirement that every facility must obtain a state-issued permit within one year from its implementation. One of the priority provisions of the Act is the establishment of a national waste minimization standard. It establishes a national efficiency standard for industrial waste generators in SICs 2000-3900, requiring within 10 years total hazardous residuals will not exceed 5% of production throughout the facility.

The EPA defines "hazardous waste" as "any discarded material regulated under RCRA, and because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause or significantly contribute to an increase in mortality or serious irreversible illness OR pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, disposed of, or otherwise managed."

EPA ENFORCEMENT PENALTY POLICY (RISK MANAGEMENT)
The EPA imposes severe civil and criminal penalties upon violators of the RCRA. The law provides for courts to impose penalties of $25,000 per day. RCRA also grants citizens, health professionals, and state and local governments the right to sue violators. Criminal penalties of up to five years in prison are reserved for officers in facilities that either knowingly violate the law or become repeat offenders. Once litigation has terminated and penalties are assessed, the violator is still mandated to fulfill all compliance requirements.

STATE ADMINISTERED HAZWASTE REPORTING (BIENNIAL, ANNUAL, QUARTERLY, HAZWASTE STREAM NOTIFICATION AND WASTE MINIMIZATION.

Under the auspices of the Federally-regulated Resource Conservation and Recovery Act (RCRA) of the U.S. EPA, there exists many state-administered programs relative to Hazardous Waste. The requirements often vary from state to state. This document represents Vanguard's capability to handle any and all client needs pertinent to their State-specific Hazardous Waste Reporting requirements in any zip code in the U.S.

All hazardous waste reporting is conducted as a response to the need for controlling pollution to the environment - air, land, and water - often caused by the generation, mismanagement, and improper disposal of hazardous waste material by the industrial sector in the United States. The original RCRA legislation of 1976 launched America's philosophy of the "cradle to grave" concept for managing and tracking hazardous waste through its generation, disposal, and final destination.

BIENNIAL HAZARDOUS WASTE REPORTING
Biennial Hazardous Waste Reporting is mandated for those facilities designated as "Large Quantity Generators" (LQG). An LQG is defined as a facility that, in any given month of the calendar year, generates 2,200 lbs. (1,000 Kg.) or more of RCRA Hazardous Waste (Note: this is a minimum of about FOUR 55-gallon drums); or 2.2 lbs. (1 Kg.) or more of RCRA Acute Hazardous Waste; or 220 lbs. (220 Kg.) or more of Spill Cleanup Material Contaminated with RCRA Acute Hazardous Waste. In addition to submitting a Biennial Hazardous Waste Report with the U.S. EPA, they are also required to submit the same report to the state in which the facility of record is located. Generally, the Biennial Hazardous Waste Report is required by March 1 on even numbered years (1990, '92, '94, '96, etc.) for the previous two calendar years. The most recent reporting deadline was March 1, 2000.

ANNUAL / QUARTERLY REPORTING & WASTE STREAM NOTIFICATION
Many states require Annual and/or Quarterly Hazardous Waste Reporting, as well as Hazardous Waste Stream Notification. Annual Waste Reporting must be completed by each Small Quantity Generator (SQG) and Large Quantity Generator (LQG) of Hazardous Waste or industrial solid waste. In most states, the Annual Report is required by January 25 on an annual basis for the previous calendar year.

Quarterly Hazardous Waste Reporting certifies that (during the quarter of record) all Hazardous Waste generated was accurately described by a proper shipping name, classified, packed, marked, labeled, and placed in proper condition for transport by highway according to applicable international and national government regulations, including regulations mandated by the State of Record. Most states usually require that quarterly reports be submitted no later than sixty (60) days after the end of the quarter of record.

IN THE STATE OF TEXAS, Hazardous or Industrial Waste Stream Notification is required under the Texas Solid Waste Disposal Act as administered by the Texas Natural Resource Conservation Commission (TNRCC). This further regulates industrial waste activities within the state, allowing for the further implementation of waste minimization, source reduction programs, etc. This notification alerts the TNRCC of the generation of a new waste or to re-code an existing waste stream, which is then added to the facility's Notice of Registration (NOR) by TNRCC. Waste Minimization Reporting is also required of Large Quantity Generators (LQG) so, in turn, TNRCC can prepare its own reporting to the EPA on a biennial basis.

RCRA HAZ WASTE TRAINING (SQG, 8 HOUR - Training Component of RCRA Managment Program) - EPA 40 CFR 260-262
The RCRA HazWaste Training Program is an 8 hour training component encompassing all pertinent issues to hazardous waste generation in the workplace. It also serves as the companion training service to the RCRA Hazardous Waste Management Program. The training is an outgrowth of the client's comprehensive management of its hazardous waste as regulated by the Resource Conservation & Recovery Act (RCRA), a free-standing law under the U.S. Environmental Protection Agency. The 8 hour training program differs from the OSHA 8 hour Hazwoper Refresher in that its thrust is specific to the on-site day-to-day management, accident prevention, and proper procedure for spill/release cleanup of just those products and chemicals generated in the client's hazardous waste disposal program. This training program is limited in scope for those facilities designated as either Small Quantity Generator (SQG) or Conditionally Exempt Small Quantity Generator (CESQG).

This 8-hour training program is developed and implemented under EPA 40 CFR 260-262. It encompasses the gamut of those areas established as critical to the day-to-day management of chemically-oriented products which, through use, generates a portion of spent products or residue known as hazardous waste. The training function is taught on-site at the facility and includes issues in the following outline:

A. An overview of the EPA Resource Conservation and Recovery Act for the purpose of understanding the rationale for the management of hazardous waste:

1. Heath and safety issues associated with those hazardous wastes specifically being generated at the client's facility
2. The potential for generating other hazardous wastes at the site, thereby creating the need for other precautions
3. Common problems that can result in enforcement penalties:
- Duration of on-site waste
- Emergency coordinator not designated
- Inspections lack documentation
- Local authorities lack information
- Recordkeeping incomplete or non-existent
- Storage of reactive or ignitable waste to close to property line
- Training program non-existent or incomplete
- Waste determination records incomplete or missing
- Waste containers inadequately or improperly marked/labeled

B. Key issues and terminology related to hazardous waste regulated under RCRA

1. "Cradle to Grave"
2. Established criteria for identification and listing of hazardous waste
3. Established standards for generators of hazardous waste
4. Generator categories and specifications to client's generator status
5. Generator requirements (Checklist for Compliance)
6. Manifesting and the records management program

C. Survey and study of hazardous wastes: General to Site-Specific

1. Characteristics of hazardous wastes
2. Accumulation of hazardous wastes
3. Proper storage of hazardous wastes prior to disposal
4. Parameters regulating the storage time allotment prior to disposal
5. Segregation of hazardous wastes during storage

D. Inspections
E. Contingency Plan/Spill Notification - Documentation for accident prevention and response
F. Emergency team and cleanup procedures

1. Personnel affected: Job Descriptions, Classroom Information, Practical Applications of Site-Specific Issues On-the-job, Annual Review, Training Records
2. Monitoring Equipment
3. Waste cut-off systems/shutdown
4. Communication or alarm systems
5. Spill response

G. Recordkeeping Program

1. Uniform Hazardous Waste Manifest
2. "Safety Kleen Amendment"
3. Exception Report
4. Exporting of Hazardous Wastes & Test Reports - Records Retention
5. Inspection Reports
6. Audits

H. Important personnel objectives and outcomes as a result of the RCRA Training Component

1. An understanding of the pertinent hazards and associated risks
2. An understanding of the potential for disastrous outcome when an emergency
involves hazardous wastes
3. An understanding of the additional emergency response resources available when needed
4. The ability to identify the hazards present in an emergency
5. The selection and use of Personal Protection Equipment including respirators
6. The elements of control and containment of spills/releases within the capabilities
of the responder(s) / Knowing when to act and when to walk away.

AIR PERMITTING & RELATED SERVICES STATE-SPECIFIC & FEDERAL (Titles I, III-VI) - U.S. EPA CAAA, 40 CFR Part 70; SYNTHETIC MINOR, STATE MINOR, & EMISSIONS INVENTORY QUESTIONNAIRE

On November 15, 1990, President George Bush signed into law the Clean Air Act Amendments (CAAA) in which almost all air emission sources will require an operating permit - running the gamut of industry - from screening any and all minor and/or area source emissions for the so-called "Applicability Determination," all the way to major sources in which the Title V Operating Permit is required. The central mechanism for achieving the goals of CAAA, as expressed by the U.S. Environmental Protection Agency (EPA), is two-fold: 1. Meet federally enforceable standards; 2. Adhere to State-specific standards for the state in which the facility of record is located.

A "federally enforceable operating permit" is a permit to operate a facility that emits specific air pollutants "regulated under the Act." The list of pollutants regulated under the Act has been expanded to include Volatile Organic Compounds (VOCs, i.e. paints, solvents, degreasers); 189 Hazardous Air Pollutants (HAPs); 6 "Criteria Pollutants relative to Acid Rain issues;" and any additional Class I & II Ozone Depleting Chemicals (ODCs). An operating permit will do more than limit the quantity of emissions; directly or indirectly, it will affect the operation of the manufacturing or processing operations that are the sources of emissions. A facility's emissions will be regulated through such a permit which will include all applicable control requirements. Common emission sources (all of which are to be screened for exceeding the newly-reduced thresholds - "potential to emit" also applies) to be regulated include one or more paint booths, ovens, incinerators, facility exhaust systems, steam generating units (boilers), or "area" sources in which no particular point source is apparent, but the facility itself serves as the source for emitting chemical pollutants on a general basis. Note: Title II of CAAA covers auto emissions, and therefore, does not apply here.

The permitting process will be administered by the states and, in some cases, local air quality management agencies. Each state has been required to submit a permit program to the U.S. EPA for approval that, in turn, requires facilities to submit permit applications. State and local permit programs must meet minimum federal requirements. Additional requirements will come from the state implementation plan (SIP) and may include upgraded air toxics control and acid rain programs of the amendments. Requirements from state to state will vary significantly, requiring increased commitments for those corporations having facilities in two or more states.

EPA ENFORCEMENT PENALTY POLICY (RISK MANAGEMENT)
EPA retains the power to enforce permit conditions independently of state action. But there are strong reasons why a state would want to administer the program: 1. authority to collect large annual emissions/ administrative fees; 2. loss of federal highway funds for substandard facility compliance in the state.

Operating a facility without a permit under the new CAAA, or in a manner not in accordance with all state and local requirements will be illegal. Affected facilities operating without a permit or in violation of permit terms face new civil penalties. Facility managers can face criminal charges. The public can enforce permit terms through the Citizen Suit Provision under CAAA statutes. Moreover, informants and "whistle blowers" are even rewarded by the EPA for reporting facilities in violation. Specifically, civil enforcement provisions allow for fines of up to $25,000 per day per violation. Criminal penalties, which could result from willful violations of the act, carry fines of up to $1 million and jail terms of up to 30 years.

Air programs promulgated by federal law, and administered through individual states, can be grouped into two categories:

1. Title V (major source); 2. Non-Title V (minor source). Both are inseparable of the CAAA of 1990. Depending on program structure of individual states, TITLE V PROGRAMS are reflected in: 1. Major Source Construction Permits; 2. Major Source Operating Permits (actual emissions & "potential to emit").

NON-TITLE V PROGRAMS are reflected as follows:
1. Minor Source Construction Permits;
2. De-minimis Construction Permits;
3. Minor Source Operating Permits (with federally-enforceable limits, based on ACTUAL emissions);
4. Minor Source Operating Permits (based on "potential to emit");
5. Open Burning Permits.

State Programs will ultimately reflect federal requirements:
1. New Source Performance Standards (NSPS);
2. National Emission Standards of Hazardous Air Pollutants (NESHAPs);
3. Acid Rain;
4. New Source Review (A. Prevention of Significant Deterioration [PSD]; B. Non-Attainment Areas).

State programs will encompass many facilities (minor sources) that never before had to be concerned with air emissions. For major sources, CAAA consolidates all reporting and record keeping requirements into one document. Every major source will have rigorous and detailed reporting and recordkeeping requirements under EPA's mandate for "enhanced monitoring." One of the most profound changes will be annual certification and semiannual reporting through the National Emission Standards for Hazardous Air Pollutants (NESHAPs).

SPILL PREVENTION, CONTROL & COUNTERMEASURE PLAN (SPCC), 40 CFR 112

The Environmental Protection Agency requires the SPCC Plan as a spill response procedure to prevent the discharge of chemicals, fuels and all oil-related products to U.S. water tables, aquifers, streams, reservoirs and rivers which would eventually convey the pollutants to navigable waters. The plan is to be implemented by identifying potential spills and establishing equipment and procedures to prevent the occurrence of a spill and to provide immediate response and notification should a spill occur. The obvious purpose of the SPCC is to prevent the loss of life (human or otherwise), property, and release of hazardous substances, pollutants, and contaminants to the environment.

Below is an excerpt relative to SPCC Plans from the U.S. EPA's 1999 Annual Plan to Congress titled, "Better Waste Management, Restoration of Contaminated Waste Sites, and Emergency Response:"

In total, there are 440,000 regulated facilities, excluding the entire transportation network, which come under spill prevention regulations. Each year more than 12,000 oil spills occur, well over half of them within EPA's prevention or response zone. The Agency is responsible for assuring that regulated facilities implement SPCC Plans. A 1995 SPCC Facilities Survey found a statistically significant difference between the amount of oil spilled by facilities that implement SPCC provisions and those that do not: when facilities comply with SPCC provisions, there are fewer oil spills. Bringing facilities into compliance with SPCC requirements involves a variety of activities, including: (1) site visits; (2) SPCC plan review, (3) working with facilities to demonstrate how SPCC requirements apply specifically to facility design and operations, (4) follow-up checks to maintain compliance, and (5) enforcing cleanups of spills by responsible parties, when necessary. Facilities must take responsibility to ensure quicker and more effective spill responses to reduce potential impacts to the environment. Each year, starting in 1999 through 2005, the EPA's Oil Pollution Response and Prevention Center will continue to bring at least 400 additional facilities into compliance with SPCC provisions.

A harmful spill, in terms of quantity, is defined by the U.S. Environmental Protection Agency (EPA) as a discharge which violates applicable water quality standards and/or one which causes a sheen, film or discoloration of the surface of the water or adjoining banks and shorelines, including discharges that may cause a sludge or emulsion deposit beneath the surface of the water or upon adjoining banks and shorelines.

The SPCC is required for fixed facilities which store chemicals, fuels or oil-related products under the following conditions:

1. Store the product above ground at a capacity of 660 gallons or more in a single container; or
2. Store the product above ground at a capacity of 1,320 gallons in two or more containers; or
3. Store the product underground at capacities in excess of 42,000 gal; and
4. Could reasonably be expected to discharge the product into U.S. waters should a spill occur.

The plan must cover three basic functions:

1. Practices devoted to the prevention of spills;
2. Plan of containment should a spill occur;
3. Plan for removal, cleanup, and disposal of the spilled material.

[Note regarding HAZWOPER: The SPCC Plan and updates should be done concurrently with OSHA's 1910.120 requirement for HAZARDOUS WASTE OPERATIONS AND EMERGENCY RESPONSE in which the 24 hour Hazmat Technical Training is followed each year with the annual 8 hour refresher. The company's Contingency Plan should also be done concurrently with these two functions on the annual anniversary date of the HAZWOPER TRAINING.]

EPA RISK MANAGEMENT PROGRAM FOR CHEMICAL ACCIDENTAL RELEASE PREVENTION - 40 CFR PART 68 (RMP)

The U.S. Environmental Protection Agency has developed regulations that require development and implementation of RISK MANAGEMENT PROGRAMS (RMPs) at facilities that manufacture, process, use, store, or otherwise handle regulated substances - 14O toxics and flammables. (Explosives were left out of the law's final draft) as defined by the U.S. Department of Transportation - in quantities that exceed specifically assigned Threshold Quantities (TQs). Such thresholds differ vastly from those of other compliance laws. RMPs provide facilities with an integrated approach to identify and manage the hazards posed by these regulated substances. A facility's site-specific Risk Management Plan developed as a part of its RMP must be REGISTERED with the EPA and/or an agency soon to be designated by the EPA to receive it. It is EPA's plan to make the Plan available to the public. The rule assists facilities and communities in mutual efforts to lessen the number and severity of serious chemical accidents. EPA estimates that some 140,425 facilities would be affected by this ruling. Approximately 87,800 of those facilities would also be covered by OSHA's Process Safety Management standard. The largest sectors covered by the rules would be cold storage facilities (which use ammonia as a refrigerant), public drinking water systems and POTWs, manufacturers, and propane retailers. Some wholesalers and service industries would also be covered. Public awareness of the potential danger from accidental releases of hazardous chemicals has increased over the years as serious chemical accidents have occured around the world, for example:

- 1974 explosion in Flixborough, England;
- 1976 release of dioxin in Seveso, Italy;
- 1984 release of methyl isocyanate in Bhopal, India, killing 2,000 & further injuring 20,000;
- 1984 release of methyl isocyanate in Institute, West Virginia. hospitalizing 100.

In response to these and many more accidents the EPA began its Chemical Emergency Preparedness Program (CEPP) in 1985. In 1986, Congress enacted many of the elements of CEPP in SARA Title III, also called the Emergency Planning & Community Right-To-Know Act (EPCRA). SARA Title III requires facilities to provide information on the presence of hazardous chemicals they have on site to local, county, state, and federal EPA agencies. SARA Title III did not mandate that facilities establish accident prevention programs. However, Congress acknowledged the importance of accident prevention by requiring EPA, under SARA, Sec. 305(b), to conduct a review of emergency systems to monitor, detect, and prevent chemical accidents. The EPA's final report to Congress in 1988 stated that...Chemical accident prevention must be part of a comprehensive, integrated system that considers the hazards of the chemicals involved, the hazards of the process, the hazards to the community, and the capabilities of facility personnel. None of these elements should be considered in isolation nor should any single technical solution be considered a complete solution to a particular problem. Each change in a facility, process, or procedure will have multiple effects that must be assessed in the context of the entire operation. The key to a successful program in Process Safety Management/Risk Management Program is the commitment of management (facility and corporate) to chemical safety and accident prevention.

Although SARA Title III did not directly address accident prevention except through the previously cited section, EPA recognized that prevention, preparedness, and response form a never-ending continuum. Therefore, EPA continued to establish an in-depth chemical accident prevention program at all levels.

In February 1992, the U.S. Occupational Safety and Health Administration (OSHA) developed a standard on chemical process safety management (57 FR 6356 / 29 CFR 1910.119). The American Institute of Chemical Engineers, Chemical Manufacturer's Association, and the American Petroleum Institute further developed programs in support of OSHA's Process Safety Management.

The U.S. Congress also recognized the need for a chemical accident prevention program at the Federal level and included prevention provisions in the new Clean Air Act Amendments of 1990. The goal of CAAA in this regard was to prevent accidental releases of regulated substances and other extremely hazardous substances to the air and to minimize the consequences of releases by focusing preventive measures on those chemicals that pose the greatest risk.

DEFINITIONS
The Environmental Protection Agency defines the RMP requirements to be applicable to any facility having more than the 112(r) threshold quantity of a regulated substance in a process. Three levels of increasingly rigorous analysis and reporting are required under Program 1, 2, or 3 requirements. Each requires an analysis of a "worst case" release where the maximum available inventory, or in some cases a prescribed fraction, is lost from the process in an accidental release that leads to the worst off-site consequences. In some cases, credit can be taken for administrative controls or technology that limit the amount released. Under Programs 2 and 3, a more probable alternative release of a toxic or flammable regulated substance to occur must also be analyzed.

The inter-relationship of PSM & RMP now allows that processes subject to Program 3 requirements can use their Process Hazard Analysis (PHA) to satisfy these requirements. Programs 1 & 2 require less rigorous documentation of PHAs.

A "significant accidental release" means any accidental release of a regulated substance that has caused or has the potential to cause offsite consequences such as death, injury, or adverse effects to human health or the environment or to cause the public to shelter in place or be evacuated to avoid such consequences.

"Worst-case release" means the loss of all of the regulated substance from the process in an accidental release that leads to the worst offsite consequences.

RMP's SPECIFIC ELEMENTS
EPA requires facilities to develop and implement a Risk Management Program adopting provisions for the prevention and detection of accidental releases and for response to such releases. The requirements specifically address the use, operation, repair, replacement, and equipment to monitor, detect, inspect, and control accidental releases, including the training of persons in the use and maintenance of equipment and in conducting periodic inspections. The program shall include procedures and measures for emergency response after an accidental release. The regulations specify a requirement that the owner/operator of stationary sources at which a regulated substance is present in more than a threshold quantity to prepare and implement a risk management plan to detect and prevent or minimize accidental releases of such substances from the facility, and to provide a prompt emergency response to any such releases in order to protect human health and the environment.

RMPs must include:

a hazard assessment evaluating potential effects of an accidental release, potential release quantities and downwind effects for potential exposure to populations;
five-year release history (size, concentration, duration, and consider worst-case scenarios);
documentation of a prevention program including safety precautions, maintenance, monitoring, and employee training;
a written emergency response program that provides specific actions to be taken in response to a release to protect human health and the environment, inclusive of providing such plans to local, county, and state agencies and emergency health care.

HAZARD COMMUNICATION TRAINING (OSHA EMPLOYEE RIGHT-TO-KNOW)
ON-SITE / SITE-SPECIFIC INSTRUCTION WITH OSHA-MANDATED "HAZARD DETERMINATION" - 29 CFR 1910.1200

On January 30, 1970, President Richard M. Nixon signed into law the Occupational Safety & Health Act and stated, "This bill represents the American system at its best." Paramount among the reasons for passage of the act was the preponderance of evidence that the workplace in U.S. industry was not only hazardous but also costly in lost time from work because of illness and injury. The Occupational Safety and Health Administration (OSHA) was established within the Department of Labor to administer the new law. Safety and health statistics had offered overwhelming rationale for a federal standard to protect employees in the workplace:

Yearly, 14,000 workers died/2.2 million were disabled by accidents in the workplace
Work-related deaths and injuries were causing annual losses of $1.5 billion in wages and $8 billion in the Gross National Product
About 65% of U.S. workers were being exposed to harmful physical agents, yet only about 25% of them were adequately protected
A total of 390,000 new cases of occupational disease were occurring each year
Chemical agents comprising some 650,000 products being used in the workplace were posing known health threats to workers but were not being controlled
A new hazardous chemical was being introduced to industry every 20 minutes.

The all-important goal for the OSH Act was "to assure so far as possible every working man and woman in the nation safe and healthful working conditions and to preserve our human resources." Therefore, in November 1983, OSHA issued its final "Hazard Communication Standard" (HazCom). The Standard was designed to "reduce the incidents of chemically-related occupational deaths, illnesses and injuries among employees in the manufacturing sector." Then on August 24, 1987, the U.S. Court of Appeals for the Third Circuit expanded OSHA's HazCom Standard to the non-manufacturing sector to provide information to ALL employees about chemical hazards in the workplace. By 1990, over 6 million companies and 90 million employees were covered by the "Hazard Communication Standard of 1987." Even today, an average of 19 persons per day are killed in work-related accidents in American industry.

OSHA's HazCom Standard is driven by one overriding philosophy: IMPLEMENTATION OF THE EMPLOYER'S RESPONSIBILITIES TO COMMUNICATE CHEMICAL HAZARDS IN THE WORKPLACE TO ALL EMPLOYEES. This "Hazard Communication" must have two essential, interlinking elements for OSHA compliance:

1. Fulfilling the HAZARD DETERMINATION MANDATE in order to provide...
2. A SITE-SPECIFIC HAZCOM PROGRAM IN THE WORKPLACE;
The only way for a Hazard Communication Program to be SITE-SPECIFIC, is to conduct the HAZARD DETERMINATION. All Chemical Hazards must be determined according to the physical and health risks associated with employee exposure.

OSHA ENFORCEMENT PENALTY POLICY (RISK MANAGEMENT)
After March 1, 1991, the maximum allowable penalty became $70,000 for each willful or repeated violation; $7,000 for each serious or other-than-serious violation; and $7,000 for each day beyond the abatement deadline. From 1995 forward, small businesses (50 or fewer employees) will face a statutory minimum penalty of $5,000. The basic penalty determines penalties according to the gravity of the violation, and the size, good faith, and history of the employer. Unlike the EPA, OSHA enforcement agents have the capability to inspect for compliance with all OSHA standards, so total penalties can be quite severe. Moreover, OSHA and EPA now work cooperatively in detecting and reporting violations to each other for future enforcement visits. The "Citizen's Suit Provision" also allows an employee or resident in the community to pursue legal action through either agency.

COMPLIANCE COMPONENTS FOR 365 DAY-A-YEAR OSHA COMPLIANCE
OSHA's compliance requirements for an effective 365-day-a-year Hazard Communication Program are founded in five major components which serve as essential ingredients for providing Compliance with OSHA's HazCom Standard.
1. OSHA-MANDATED "HAZARD DETERMINATION".
A complete Hazard Determination (Chemical Hazard Analysis) must be performed with regard to physical and health risks on every chemical in the facility and organized by department in order to satisfy OSHA's Hazard Determination Mandate, thereby also fulfilling OSHA's requirement that a company's HazCom Program be Site-Specific. The Chemical Inventory Analysis screens each chemically-oriented product for all hazards to employee health and safety, considering physical state, container types, and location in the facility. Finally, the Chemical Inventory Analysis segments the hazards according to compliance laws and regulations: NFPA rating, Extremely Hazardous Substances, CERCLA substances for Spill Containment, Toxic Chemicals, Regulated Hazardous Waste, Carcinogens, Mutagens, Teratogens, Ozone Depleters, Air Toxics, Storm Water Pollutants, and DOT Regulated Chemicals.
2. WRITTEN HAZARD COMMUNICATION PROGRAM.
The WRITTEN PROGRAM is the CORNERSTONE of the employer's entire HazCom Program and serves as the key to the client's compliance. As a working document, the Written Program must provide evidence that the client's HazCom Program is performance-oriented for employees in the workplace. This Written Program is developed on behalf of the client (site-specific to the client's facility) by Vanguard's OSHA Compliance Educator, utilizing the Hazard Determination as its driving force.
3. MATERIAL SAFETY DATA SHEETS (MSDSs).
MSDSs must be obtained for every hazardous chemical in the workplace. Inactive MSDSs must be maintained as a part of the company's records for 30 years. Active MSDSs must be accessible to all employees at all times. MSDS training for employees is vital. Proper MSDS Management (also Labeling Mgt. in #4 below) is part of the instruction and is implemented daily through the Vanguard "MSDS/Labeling Manager's Manual" as taught to the safety coordinator/facility designee.
4. CONTAINER LABELING.
Inadequate container labeling is one of the most common violations under the OSHA HazCom Standard. Labeling must contain the identity of the chemical, immediate hazards, severity of hazards, acute and chronic health hazards, and any personal protective equipment to be used by employees when exposed to a chemical hazard. The purpose of labeling is to serve as an employee's immediate warning of chemical hazards in the workplace.
5. EMPLOYEE INFORMATION & TRAINING (ON-SITE).
All employees must be trained ANNUALLY in regard to the employer's site-specific HazCom Program reflective of the company's Hazard Determination and Written Program. They must also meet all aspects of the OSHA HazCom Standard as it relates directly to employee exposure to chemical hazards in the workplace. All employees must receive training PRIOR to using any hazardous chemical, hence the need for a "New-Hire Orientation Manual," used by the safety coordinator/facility designee for satisfying this requirement regarding newly-hired employees.

EMPLOYEE RIGHT-TO-KNOW INFORMATION STATION
The five components from above, and their subsequent guidelines revolve around the "Employee Right-To-Know Station" which renders the program compliant throughout the compliance year until the annual training is renewed. The "station" allows for ongoing daily hazard communication with employees in the workplace. The client-specific "Employee Right-To-Know Station" is usually a 4-feet-by-4-feet display board ensuring that the employer's responsibility for 365-day-a-year HazCom Compliance is not only taking place, but offers overt, defensible evidence of the employer's commitment to excellence in health and safety in the work place. As an "Inspection Showpiece," the "Station" consists of Required Postings, Emergency Phone Numbers, MSDS Clearing House, Chemical Hazard Codes, Chemical Hazard Identification, HazCom Update Memo's Introducing New Products Into The Facility, and "Chemical Hunt Form" for eliminating unnecessary chemicals. The safety coordinator/facility designee is instructed on managing the "Station" for daily hazard communication, pertinent to current employee safety issues.